Injunctions: The Ultimate Legal Guide

Injunctions: The Ultimate Legal Guide

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Injunctions play a critical role in protecting rights, assets, and reputations – often in urgent and high-stakes situations. Where swift legal action is required to secure your position in a legal dispute, understanding how injunctions work is essential.

Whether seeking an injunction order or defending against one, this legal guide provides knowledge and practical insights to help you navigate the process with confidence.

What is an injunction?

An injunction is a court order that requires an individual, business, or entity to either do something (mandatory injunction) or refrain from doing something (prohibitory injunction).

They are commonly used in civil litigation to prevent harm, preserve assets, or enforce legal rights. Injunctions are often sought urgently, particularly in cases involving fraud, breach of contract, defamation, or misuse of confidential information.

The courts have the discretion to grant injunctions where there is a serious risk of harm and monetary damages would not provide adequate relief.

For example, if someone is about to disclose highly confidential business information or destroy critical evidence, financial compensation would not undo the harm caused. In such cases, an injunction provides immediate and enforceable protection.

Prohibitory injunction 

A prohibitory injunction is a court order preventing a party from engaging in a particular act or behaviour. This could include restraining an individual or business from breaching a contract, disclosing confidential information, or continuing an act of trespass.

Mandatory injunction 

A mandatory injunction requires a party to take a specific action. These are typically more difficult to obtain than prohibitory injunctions, as they compel a party to actively do something, such as returning misappropriated property or demolishing unauthorised construction.

Different injunctions are issued depending on the timing of the case. For example:

Interim injunctions

Interim injunctions provide temporary relief while a case is pending. They are often used to prevent an injustice and ensure nothing changes until a final decision is reached.

Final injunctions

Final injunctions offer a definitive resolution and are typically issued after a full trial, where the court determines the long-term rights and obligations of the parties involved.

What are the common types of injunction?

Injunctions vary based on their purpose and the type of relief sought. Below are some of the most common forms of injunctions used in the UK legal system:

1. Freezing injunctions

Freezing injunctions are often used to prevent defendants from selling or disposing of their assets while a case is ongoing. Freezing injunctions require compelling evidence, demonstrating there is a tangible risk assets will be dissipated before the matter is decided at court.

Key features of freezing injunctions:

  • Typically made in relation to a bank account.
  • Prevents the transfer of assets in anticipation of a court order.
  • Can apply to assets within and outside the UK.

2. Springboard injunctions

Springboard orders prevent one party from gaining an unfair and unlawful advantage. They are often used when an employee leaves a company and moves to a competing business.

Key features of springboard injunctions:

  • Prevents unlawful conduct, such as misusing confidential information or breaching employment restrictions.
  • Often used in employment and intellectual property disputes.
  • Requires evidence of wrongful conduct and advantage gained.

3. Privacy injunctions

A privacy injunction prevents the publication or disclosure of private or confidential information, typically in cases involving celebrities, public figures, or businesses.

Key features of privacy injunctions:

  • Can be granted on an urgent basis to prevent media publication.
  • Often sought in cases of defamation, breach of confidence, or data protection.
  • Can be temporary or permanent, depending on the case.

4. Proprietary injunctions

A proprietary injunction prevents a defendant from dealing with assets belonging to the claimant, such as property, funds, or shares.

Key features of proprietary injunctions:

  • Used in disputes over ownership of assets, it can be a valuable tool in fraud cases.
  • Can secure property pending the outcome of litigation.
  • Requires the claimant to demonstrate a proprietary interest in the assets.

5. Disclosure orders

Disclosure orders compel a party to disclose documents or information relevant to a legal dispute. They are often used to trace assets, investigate wrongdoing, or gather evidence in commercial disputes.

Key features of disclosure orders:

  • Can be used alongside freezing injunctions to locate hidden assets.
  • Often used in proceeds of crime investigations.
  • Can be used to secure business critical assets such as client lists and databases.

6. Search orders

A search order allows a claimant’s solicitor to enter a defendant’s premises to search for and seize (or copy) evidence that may otherwise be destroyed or hidden.

Key features of search orders:

  • Requires strong substantiation evidence may be destroyed.
  • Typically used in intellectual property, fraud, and commercial litigation cases.
  • Enforced under strict court supervision.

Other key injunctions in the UK

Injunctions serve different legal needs beyond those mentioned above. Some additional forms include:

  • Quia timet injunctions: Granted to prevent an anticipated breach of legal rights.
  • Non-molestation orders: Protect individuals from harassment, intimidation, or violence.
  • Restraining orders: Prevent specific actions by individuals, often used in criminal cases.

When are injunctions used for corporate matters?

Injunctions are a powerful corporate litigation tool. Companies frequently seek injunctions to protect commercial interests, prevent financial harm, or enforce contractual rights.Scenarios where corporate injunctions may be used include:

  • Preventing the wrongful use of confidential company data (e.g. trade secrets and other valuable information).
  • Stopping breaches of restrictive covenants in employment agreements (e.g. preventing a former employee from soliciting clients).
  • Enforcing non-compete clauses.
  • Freezing assets in cases of corporate fraud or insolvency disputes.
  • Protecting intellectual property rights.
  • Protecting shareholders’ interests while a dispute is being resolved.
  • To force compliance with a contract.
  • Preventing the sale or loss of land, property or other assets.
  • Preventing the dissipation of cryptocurrency assets in financial disputes.
  • Securing assets and records in corporate insolvency proceedings to ensure proper creditor repayment.
  • Preventing the presentation of a winding up petition against a business.
  • Preventing inflammatory statements being made against a company and/or its directors.

Benefits of corporate injunctions

Corporate injunctions help businesses to safeguard their interests, prevent unlawful activities, and maintain commercial stability.

By securing an injunction, companies can also proactively address potential breaches, ensuring damaging conduct is halted before it escalates and causes irreparable harm.

Some key benefits of corporate injunctions include:

  • Prevention of harm: Ensures potentially harmful actions are stopped before they cause lasting damage to the business’s reputation, finances, or operations.
  • Asset protection: Helps secure company assets – including financial resources, intellectual property, and proprietary information – in cases of fraud, theft, or breach of trust.
  • Legal leverage: Strengthens the position of businesses in negotiations and legal disputes by demonstrating a proactive approach to protecting their interests.
  • Speed and efficiency: Provides rapid relief in urgent situations, allowing businesses to protect their operations and interests before significant harm occurs.
  • Enforcement of contractual rights: Supports the enforcement of employment contracts, non-compete agreements, and restrictive covenants, ensuring compliance from employees and business partners.
  • Maintaining market integrity: Helps prevent unfair competitive practices, such as misappropriation of trade secrets or unlawful solicitation of clients and employees.

The process of obtaining an injunction

Given the significant impact an injunction can have on the parties involved, courts require applicants to present compelling reasons demonstrating why the order is necessary.

As such, obtaining an injunction requires careful preparation and a strong evidential foundation.

1. Filing a formal application

The first step in obtaining an injunction is to file a formal application with the court. This application must clearly outline the legal grounds for requesting the injunction, demonstrating why it is necessary. 

An application for an injunction can be made either on notice, where the respondent is informed and has the opportunity to respond, or ex parte (without notice), where the injunction is granted without informing the other party in advance. 

The injunction application should include details about the dispute, the harm that may occur if not granted, and why financial compensation alone would not be sufficient to remedy the situation. 

2. Court hearing

A judge will evaluate the application, considering the urgency, the evidence presented, and the impact on both parties.

The applicant and the respondent (if present) can present their arguments during the hearing. The judge will carefully assess whether the applicant has met the legal criteria for the injunction.

3. Providing assurances (undertaking)

The applicant may be required to give a promise, known as an undertaking, that they will compensate the other party for any losses caused by the injunction if the court later decides it should not have been granted.

The court imposes this safeguard to ensure the injunction does not harm the other party unfairly and to prevent the misuse of injunctions.

4. Order enforcement

Once granted, the injunction must be properly served and enforced in compliance with court regulations to ensure the defendant is made fully aware of the order and its terms. `

This often means the injunction must be physically handed to the defendant, although in some cases the court may permit alternative methods such as email.

If the defendant fails to adhere to the injunction, the applicant can take further legal steps, including applying for contempt of court proceedings.

When is a junction granted?

In the UK, courts consider several legal criteria when deciding whether to grant an injunction.

The specific test depends on the type of injunction sought, but in general an application will only be granted where: 

  • There is a serious issue to be tried: The applicant must show there is a serious legal issue at stake, rather than a frivolous or vexatious claim. The court does not require the claimant to prove they will definitely succeed, only that there is a real question to be resolved.
  • That damages alone would not provide an adequate remedy: The court will assess whether financial compensation (damages) would be a sufficient remedy instead of an injunction. If damages would adequately compensate the applicant, an injunction is less likely to be granted.
  • The balance of convenience favours granting the injunction: The court assesses the potential harm to both parties when deciding whether to grant an injunction. 

Once granted, the consequences for breaching an injunction can be severe and may include fines, asset seizures, or even imprisonment in extreme cases. The courts take non-compliance seriously, and swift action is often necessary to uphold the integrity of the order.

Additionally, injunctions may require ongoing supervision or reporting, particularly in complex commercial cases. The applicant may need to return to court periodically to confirm compliance or seek modifications if circumstances change.

Responding to an injunction

Orders and injunctions can impose significant restrictions on individuals and businesses, often impacting financial operations and reputations.

If you are subject to an order or injunction acting swiftly and seeking expert legal advice to challenge or manage the order is essential.

Grounds for challenging an order or injunction

Orders and injunctions can be challenged on several grounds, including:

  • Lack of merit in the underlying claim: Demonstrating the claimant’s case is weak or lacks a valid legal basis.
  • No credible risk of dissipation: Arguing there is no evidence to suggest the defendant intends to dissipate their assets.
  • Overreach: Showing the order is too broad and includes restrictions or requirements unrelated to the dispute.
  • Non-disclosure by the claimant: Identifying instances where the claimant failed to disclose material facts when applying for the order or injunction.
  • Hardship caused by the order: Highlighting the disproportionate impact of the order on the defendant’s ability to meet living expenses, business costs, or other obligations.

How to serve an injunction

An injunction must be served correctly in accordance with court rules. This can be done personally, through legal representatives, or sometimes electronically (email).

Failure to serve the injunction correctly may impact its enforceability and lead to additional legal challenges. As such, appointing a specialist litigation lawyer with expertise in this area is strongly recommended.

How long can an injunction last?

Injunctions can be interim, time-limited or permanent, depending on the circumstances and the court’s ruling.

Interim injunctions usually last until a full hearing can take place, at which point the court decides whether a final injunction is necessary.

Final injunctions can either be permanent, meaning they remain in place indefinitely unless overturned by a court, or time-limited, meaning they apply only for a specified period.

Courts may impose time-limited final injunctions where a restriction is only needed for a defined period – such as preventing a former employee from engaging in certain competitive activities for a fixed term.

Injunction Orders - FAQs

Navigating injunctions can be complex. To help clarify these matters, we have compiled answers to some of the most frequently asked questions about injunction orders.

Costs vary depending on complexity and urgency, ranging from legal fees to court expenses. Legal advice is recommended to assess potential costs. Prices can range from a few hundred pounds to thousands.

You need robust supporting evidence and legal arguments to succeed when applying for an injunction. Engaging a solicitor enhances your chances of success.

To get an injunction, you must formally apply to the court. However, there are limited circumstances where action can be taken without a full court hearing. For example:

  • The court may grant a temporary order if there is a serious risk of harm or injustice.
  • You can sometimes apply for an injunction without giving notice to the other party.

A full hearing is usually required shortly after to decide whether the injunction should continue.

To apply for an injunction, you must file a formal application with the court, supported by evidence detailing the urgency and necessity of the injunction.

Where appropriate, the application should include witness statements, financial records, and other relevant legal documents. It is advisable to seek legal representation to ensure your case is presented effectively and meets the court’s requirements.

At an injunction hearing, the judge reviews the evidence provided by both parties and determines whether the legal criteria for granting the injunction have been met.

The judge may grant the injunction, deny the application, or impose conditions to balance the potential impact on both parties.

In urgent cases, the hearing may take place without the respondent being notified initially, but they will have a chance to challenge the injunction at a later hearing.

Most injunctions are public unless the court orders confidentiality.

No, only courts can grant injunctions.

Yes, an injunction can be overturned if there are procedural errors, new evidence comes to light, or if it is found that the initial ruling was unfair.

Yes, an injunction can be appealed if there are legal errors in the original ruling, procedural mistakes, or significant new evidence that affects the case.

The appeal process involves taking the case to a higher court, where judges will assess whether the initial decision was justified based on the legal principles applied. An appeal must usually be filed within a specific timeframe and the process can be complex.

Contact our injunction solicitors today

Whether you’re seeking to obtain or defend against an order or injunction, Summit Law provides the strategic support needed to protect your interests and achieve the best possible outcome.

Our injunction solicitors offer comprehensive support, including:

  • Rapid assessment: Evaluating the urgency and merit of your case to determine whether an injunction or order is appropriate.
  • Preparation of evidence: Compiling the robust evidence needed to support or challenge an injunction/order application.
  • Court representation: Representing you in court to secure or oppose injunctions/orders effectively.
  • Enforcement and monitoring: Ensuring compliance with injunctions/orders and taking further action if breaches occur.

For more information, please call us on 020 7467 3980 or complete our online enquiry form and our expert injunction solicitors will be in touch to find out more about how we can help you.